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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: September 2009

Seventh Circuit Initiates e-Discovery Pilot Program Beginning October 1, 2009

Posted in NEWS & UPDATES

Beginning October 1st, Phase One of the Seventh Circuit’s new Electronic Discovery Pilot Program (“Pilot Program”) will begin.  The Pilot Program will be implemented through Standing Orders in selected cases, and evaluated through questionnaires to participating judges and lawyers. The Pilot Program was developed as a result of recent and ongoing discussions throughout the industry… Continue Reading

Upcoming Events – October

Posted in EVENTS

IQPC: Information Retention & E-Disclosure Management, Europe September 30 – October 1, 2009 Marriott Hotel Auguste Orts 3-7/Grand Place 1000 Brussels, Belgium K&L Gates partner David Cohen will present “Turning Theory Into Practice: Practical Steps to Take NOW to Reduce E-Disclosure/E-Discovery Risks and Costs” on Wednesday, September 30th at 11:00 AM. This presentation will provide… Continue Reading

Failure to Timely “Re-Assess its Procedures and Re-Check its Production” upon Notice of Inadvertent Production Results in Waiver of Later Identified Documents


U.S. v. Sensient Colors, Inc., 2009 WL 2905474 (D.N.J. Sept. 9, 2009) Defendant moved to compel the production of 214 inadvertently produced documents.  Plaintiff objected, arguing that the parties’ discovery agreement precluded the waiver of privilege as to inadvertently produced documents.  Noting courts’ general disapproval of “blanket” disclosure provisions and finding that the parties’ agreement… Continue Reading

Ex-Fund Manager Seeks to Block Evidence on E-mail Account

Posted in NEWS & UPDATES

The Wall Street Journal , Sep. 21, 2009 By Chad Bray NEW YORK — Lawyers for former Bear Stearns fund manager Matthew Tannin have asked a judge to prohibit prosecutors from introducing evidence at his criminal trial regarding the erasure of his personal email account in 2008, calling it an "eleventh-hour smear." In a letter… Continue Reading

State E-Discovery Rulemaking after the 2006 Federal Amendments: An Update

Posted in NEWS & UPDATES

Since the amendment of the Federal Rules in 2006, many states have adopted their own rules to address the discovery of electronically stored information.  Recently, Thomas Allman, a recognized authority on electronic discovery, gave permission to post his article identifying and analyzing the myriad of state e-discovery rules around the country.  Our thanks to Mr. Allman for… Continue Reading

Court Orders Adverse Inference for Spoliation of Data on Handheld Devices


Southeastern Mechanical Services, Inc. v. Brody, 2009 WL 2883057 (M.D. Fla. Aug. 31, 2009) Plaintiff Southeastern Mechanical Services, Inc. (“SMS”) moved for spoliation sanctions alleging that defendants, including individual defendants Smith, Sherouse and Brody, spoliated data by deleting it from their BlackBerries and laptops.  Defendants denied the allegations and argued that no evidence was destroyed… Continue Reading

California Judicial Council Amends Rules of Court, Establishes Duty to Meet and Confer regarding Electronic Discovery

Posted in NEWS & UPDATES

On August 14, 2009 the Judicial Council adopted amendments to California’s Rules of Court, including amendments to Rule 3.724, which now requires consideration of issues concerning the discovery of electronically stored information when the parties “meet and confer” prior to the initial case management conference.  The amendments became effective immediately. For a full copy of… Continue Reading

Texas Supreme Court Finds Abuse of Discretion in Grant of Access to Defendant’s Computers, Summarizes Proper Procedure under Tex. R. Civ. P. 196.4


In re Weekley Homes, L.P., 295 S.W.3d 309 (Tex. 2009) In this mandamus proceeding, the Supreme Court of Texas found that the trial court abused its discretion by ordering four of defendant’s employees to turn over their computer hard drives for forensic examination. In 2007, after adding Weekley Homes, L.P. (“Weekley”) to an already pending… Continue Reading